TERMS AND CONDITIONS
Dogest - Roman MASNICAK
with its registered office at Pod Labutkou 782/17, 18000 Prague 8
Identification number: 61202941
VAT: CZ7311193439
Office competent under Section 71 (2) of the Trade Licensing Act: Prague 8 City District Office
Sale of goods on the shop www.dogestshop.com
Responsible person:
Adela Masnicakova
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") govern in accordance with the provisions of § 1751 paragraph. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the www.dogestshop.com Internet address (hereinafter referred to as the "website") through the website interface (hereinafter referred to as the "web interface of the store").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of his business or in his independent pursuit of his profession.
1.3. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked.
1.4. Consumer: The natural person who is not acting in the exercise of a profession or business.
1.5. Buyer: the Consumer who enters into a (distance) Agreement with the Seller.
1.6. Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Dogest.
1.7. Products: The Products offered by Dogest are accessories and snacks for dogs.
1.8. Seller: The supplier of Products to the Buyer, hereinafter: Dogest.
APPLICABILITY
1. These general terms and conditions apply to every Offer of Dogest and every Agreement between Dogest and a Buyer and to every Product offered by Dogest.
2. Before a (distance) Agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Dogest will indicate to the Buyer how the Buyer can view the general terms and conditions, which have in any case been published on the website of Dogest, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Dogest.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If in these terms and conditions reference is made to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.
THE OFFER
1. All offers made by Dogest are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of an Offer if it has been laid down in writing.
2. The Offer made by Dogest is without obligation. Dogest is only bound by the Offer if the Buyer has already paid the amount due. Nevertheless, Dogest has the right to refuse an Agreement with a potential Buyer for a valid reason for Dogest.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Dogest. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Dogest cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and Terms stated in the Dogest Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige Dogest to deliver part of the goods included in the offer or offer at part of the quoted price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle.
FORMATION OF THE AGREEMENT
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Dogest by paying for the relevant Product.
2. An Offer can be made by Dogest via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Dogest, Dogest will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Dogest is not bound by it.
5. Dogest is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The buyer has the right to exercise its right of withdrawal within the statutory period of 14 days. If revocation applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer.
7. Products that cannot be taken back after the seal has been broken due to a limited shelf life or hygienic reasons, if the seal has been broken, are excluded from the right of withdrawal. This is expressly stated in the Offer. We also do not accept returns of personalised products
EXECUTION OF THE AGREEMENT
1. Dogest will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as the proper execution of the Agreement requires this, Dogest has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, which Dogest indicates are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, are provided to Dogest in a timely manner. If the information required for the implementation of the Agreement has not been provided to Dogest in time, Dogest has the right to suspend the implementation of the Agreement.
4. In the performance of the Agreement, Dogest is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Dogest, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Dogest may require security from the Buyer or full advance payment before proceeding with the performance of the Agreement.
6. Dogest is not liable for damage of any nature whatsoever that has arisen because Dogest relied on incorrect and/or incomplete information provided by the Buyer, unless Dogest was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies Dogest against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.
DELIVERY
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Dogest or other circumstances beyond the control of Dogest causes any delay, Dogest is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Dogest written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Dogest is entitled to store the goods at the expense and risk of the Buyer.
3. If the Products are delivered by Dogest or an external carrier, Dogest is entitled, unless agreed otherwise in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
4. If Dogest requires data from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all data necessary for the implementation available to Dogest.
5. Dogest is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Dogest is entitled to invoice the thus delivered separately.
7. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Dogest reserves the right to refuse delivery if there is a well-founded fear of non-payment.
PACKAGING AND TRANSPORT
1. Dogest undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless agreed otherwise in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. The acceptance of goods without comments on the consignment note or the receipt serves as proof that the packaging was in good condition at the time of delivery.
INVESTIGATION, COMPLAINTS
1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether it retains the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Dogest accepts no liability for the incorrect use of the Product by the Buyer.
In the event of a defect, the buyer may submit a complaint to the seller and request
- exchange for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdrawal from the contract. The buyer has the right to withdraw from the contract,
if the goods have a substantial defect,
if the item cannot be properly used due to the repeated occurrence of the defect or defects after repair,
in case of a larger number of defects of the goods.
When making a claim, the buyer is obliged to inform the seller what right he has chosen. A change of choice without the Seller's consent is possible only if the Buyer has requested the repair of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
If repair or replacement of the goods is not possible, the buyer may request a refund of the purchase price in full on the basis of withdrawal from the contract.
If a defect occurs within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
The seller or an authorized employee decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed for expert assessment of the defect. Complaints, including the removal of defects, must be settled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period.
The expiry of this period in vain is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) to the seller occurs.
The seller informs the buyer in writing about the result of the complaint.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the item had a defect or if the buyer caused the defect himself.
In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. This right may be exercised by the buyer with the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.
PRICES
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless expressly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Dogest has no influence, Dogest can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.
PAYMENT AND COLLECTION POLICY
1. Payment should preferably be made in advance in the currency in which the invoice is made via the indicated method.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of Dogest made known to it. The parties can only agree on a different payment term after explicit and written permission from Dogest.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Dogest against the Buyer are immediately due and payable.
5. Dogest has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Dogest can, without being in default, refuse an offer for payment if the Buyer designates a different order for the allocation. Dogest can refuse full repayment of the principal sum, if the accrued and current interest as well as the costs are not also paid.
RETENTION OF TITLE
1. All goods delivered by Dogest remain the property of Dogest until the Buyer has fulfilled all the following obligations under all Agreements concluded with Dogest
2. The buyer is not authorized to pledge or encumber the goods subject to retention of title in any other way if the ownership has not yet been fully transferred.
3. If a third party seizes the goods delivered under retention of title or wishes to establish or enforce rights thereon, the Buyer is obliged to inform Dogest of this as soon as may reasonably be expected.
4. In the event that Dogest wishes to exercise its property rights referred to in this article, the Buyer already now gives unconditional and irrevocable permission and authorization to Dogest or third parties to be designated by it to enter all those places where the property of Dogest is located and to take those things back with them.
5. Dogest has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or hand over Dogest. After the Buyer has fulfilled its obligations, Dogest will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than within 30 days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed to Dogest by the Buyer upon first request.
WARRANTY
Dogest guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Dogest of this use in writing at the time of entering into the Agreement.
SUSPENSION AND DISSOLUTION
1. Dogest is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, Dogest is authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill its obligations arising from any agreement with Dogest concluded Agreement.
3. Dogest is also authorized to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances arise otherwise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of Dogest against the Buyer are immediately due and payable. When Dogest suspends compliance with its obligations, it retains its claims under the law and the Agreement.
5. Dogest always reserves the right to claim compensation.
LIMITATION OF LIABILITY
1. If the execution of the Agreement by Dogest leads to liability of Dogest towards the Buyer or animal, that liability is limited to the costs charged by Dogest in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. .
2. Dogest is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded.
3. Dogest is not liable for and/or obliged to repair damage caused by the use of the Product. Dogest provides strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Dogest is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Dogest is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
6. Dogest does not guarantee correct and complete transmission of the content of and e-mail sent by/on behalf of Dogest, nor for the timely receipt thereof.
7. Dogest expressly rejects all liabilities and claims of the Buyer whose animal has suffered (physical) damage through the use of the Products. The Products must only be used in accordance with the instructions for use. In the event of an allergic reaction of the animal, immediately stop using it.
FORCE MAJEURE
1. Dogest is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that has not been attributable to its fault and is not for its account under the law, legal act or generally accepted views.
2. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Dogest, (ii) failure to properly comply with obligations of suppliers that have been are prescribed or recommended to Dogest, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Dogest and (xi) other situations that, in the opinion of Dogest, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. Dogest has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Dogest should have fulfilled its obligation.
4. Insofar as Dogest has already partially fulfilled its obligations under the Agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Dogest is entitled to to be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.
RISK TRANSFER
The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Buyer at the time when the Products have been placed in the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.
INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights and copyrights of Dogest rest exclusively with Dogest and are not transferred to the Buyer.
2. The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents on which the intellectual property rights and copyrights of Dogest rest without the express prior written permission of Dogest. If the Buyer wishes to make changes to goods delivered by Dogest, Dogest must explicitly agree to the proposed changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of Dogest rest other than as agreed in the Agreement.
PRIVACY, DATA PROCESSING AND SECURITY
1. Dogest handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Dogest will inform the person concerned about this.
2. If Dogest is required to provide information security under the Agreement, this security will meet the specifications agreed upon and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
AMBASSADOR PROGRAM
The seller offers an ambassador program for his frequent customers, where the seller provides a 10% discount code for the purchase of goods (discount codes cannot be combined or applied to already discounted goods). For each purchase using a discount code, the buyer will receive 5% back from the price of the order (excluding shipping) in the form of a discount coupon for the purchase of other goods.
Prague, 15.08.2023